A New York federal judge on Friday refused to dismiss an indictment against Paul Ceglia, who is charged with falsely alleging that Facebook founder Mark Zuckerberg contractually owes him a 50 percent stake in the social media giant.
Public-private partnerships are all the rage, as governments seek new ways to deliver public infrastructure, facilities and services in the face of daunting budget limitations and doubts about older procurement modes. But many well-qualified U.S. companies are not familiar with the differences between the PPP and traditional procurement models, say Zane Gresham and Rafael Hernandez Mayoral of Morrison & Foerster LLP.
The recently introduced American Royalties Too Act is an attempt at leveling the playing field between U.S authors and U.S. visual artists, but a resale royalty may not be the solution to ameliorating this disparity, given the complexity of the art market. Perhaps following the global trend for resale royalties is not the most effective method of benefiting artists involved in U.S. art transactions, say Diana Wierbicki and Agatha Kluk of Withers Bergman LLP.
The Delaware Court of Chancery recently rejected a party’s attempt to object to the production of documents located in France on basis of the French Data Protection Act. Given the court’s reputation and influence in corporate litigation, In re Activision Blizzard Inc. Stockholder Litigation does not augur well for foreign parties hoping to resist U.S.-style discovery on basis of their country’s data privacy statute, says Pierre Grosdidier of Haynes and Boone LLP.
The changing patent enforcement landscape makes obtaining a patent with a high enforcement value more difficult. Some recent U.S. International Trade Commission decisions exemplify how changes in the enforceability of certain types of claims can change prosecution claim strategy, say Jameson Ma and Amanda Dittmar of Bookoff McAndrews PLLC.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
It is clear that the drafters of the real estate investment trust provisions in David Camp’s tax reform discussion draft are not fans of the conversion of corporations to REIT status, spinoffs of REITs from operating companies, or the creation of REITs other than “traditional REITs.” The proposed provisions — intended to prevent the “erosion of the corporate tax base” — are clearly “overkill,” say attorneys with Goodwin Procter LLP.
Thanks to the Third Circuit’s recent holding in In re Emoral Inc., entities purchasing a distressed debtor’s assets through a Section 363 bankruptcy sale may have greater protections against the subsequent claims of those seeking to hold the purchaser liable for damages arising from the debtor’s presale conduct, says Travis Powers of Buchanan Ingersoll & Rooney PC.
The Office of the Comptroller of the Currency’s recent addition of a mortgage banking component to the Comptroller’s Handbook signals an intensified regulatory focus on mortgage banking activity. Banks would be well-advised, however, to recognize that the reinforced focus is not the OCC’s alone, say Frank Mayer III and Jonathan Levin of Pepper Hamilton LLP.
The White House has clearly listened to the chorus of patent reform voices and worked with the U.S. Patent and Trademark Office to address the most pressing concerns. Of its initiatives, those that relate to ownership transparency, functional claiming examination changes and training, and crowdsourcing prior art may change the patent ecosystem’s status quo the most, says Wesley Helmholz of Orrick Herrington & Sutcliffe LLP.
As more and more Superstorm Sandy-related cases are filed, parties will be looking to a five-year-old New York Appeals Court case, Bi-Economy Market Inc. v. Harleysville Insurance Co. of New York — which permits insureds to recover consequential damages arising from an insurer’s bad faith breach of the policy if those damages were reasonably foreseeable and even if those damages exceed policy limits — for guidance, says Michael Richter of Joseph Hage Aaronson LLC.